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Disciplinary Council

Mandate

The Disciplinary Council exists in order to allow the Ordre to fulfill its mission of protecting the public. It is one of the main tools provided by legislation to the professional orders for the purpose of constraining the professional actions of professional members within the boundaries defined by law. Division VII of the Professional Code prescribes the rules for the Disciplinary Council and for the disciplinary system for Professional Orders.

The committee is authorized to act against any professional who is found to be in breach of the Geologist's Act, the Code of ethics, the Professional Code or any regulation established therefrom. The committee is thereby seized with any complaint against a member on these matters. The committee is also seized with any complaint against a person who was a member at the time the offense occurred.

The judicial powers of the committee also allow it to hear any complaint that may be lodged by a person who claims to have suffered an injury or damage.

Procedure

The syndic who decides, following an inquiry, to lodge a complaint against a Geologist before the Disciplinary Council, acts as the complainant. Thereafter, the parties involved are the syndic and the geologist. The syndic is responsible for preparing the file and presenting the evidence before the Disciplinary Council. The person who asked for the investigation is informed of the complaint but not of the specific counts.

The Disciplinary Council may also receive a complaint lodged by a private citizen. In this case, the complainant is responsible for preparing the file and presenting the evidence before the Disciplinary Council. It is recommended that the complainant be assisted by a lawyer.

The procedure is launched when the complainant files a complaint with the secretary to the Council.

Once the complaint is filed, it becomes the responsibility of the Disciplinary Council and may only be withdrawn with the Council's approval. The roll for the Disciplinary Council hearings is public, but not the complaints. Complaints become public when the hearing begins, unless the Disciplinary Council declares that the proceedings are to be held in private.

The Committee may impose penalties that range from a reprimand to the revocation of the permit, a fine, the imposition of a period of refresher training or a refresher course, the limitation of the right to practice or the temporary or permanent striking off the roll. The Disciplinary Council may also find that the professional is not guilty of an offence. The decision of the Disciplinary Council may he appealed to the Professions Tribunal.

If no appeal is brought before the Professions Tribunal within 30 days, the disciplinary process ends upon the expiry of the period for appeal.

Composition

The committee is made up of a minimum of three members, including a president. The president is a lawyer appointed by Government. The other members of the committee are geologists selected by the secretary from a list of geologists appointed by the Administrative council.